(1) Notwithstanding anything contained in this
Act but subject to the provisions of section 25, a landlord shall be entitled
to recover possession of any premises if the court is satisfied-

(a) that the tenant
has committed any act contrary to the provisions of clause (o) of section
108 of the Transfer of Property Act, 1882;

Explanation.- For the purposes of
this clause, replacing of tiles or closing of balcony of the premises shall not
be regarded as an act of a causing damage to the building or destructive or permanently
injurious thereto; or

(b) that the tenant
has, without the landlord's consent given in writing, erected on the
premises any permanent structure;

Explanation.- For the purposes of
this clause, the expression "permanent structure" does not include
the carrying out of any work with the permission, wherever necessary, of the
municipal authority, for providing a wooden partition, standing cooking
platform in kitchen, door, lattice work or opening of a window necessary for
ventilation, a false ceiling, installation of air-conditioner, an exhaust
outlet or a smoke chimney; or

(c) that the tenant,
his agent, servant, persons inducted by tenant or claiming under the tenant or,
any person residing with the tenant has been guilty of conduct which is a
nuisance or annoyance to the adjoining or neighboring occupier, or has been
convicted of using the premises or allowing the premises to be used for immoral
or illegal purposes or that the tenant has in respect of the premises been
convicted of an offence of contravention of any of the provisions of clause (a)
of sub-section (1) of section 394 or of section 394A of the Mumbai Municipal
Corporation Act, or of sub-section (1) or of section 376 or of section 376A of
the Bombay Provincial Municipal Corporations Act, 1949, or of section 229 of
the City of Nagpur Municipal Corporation Act, 1948; or of section 280 or of
section 281 of the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965; or

(d) that the tenant
has given notice to quit and in consequence of that notice, the landlord has
contracted to sell or let the premises or has taken any other steps as a result
of which he would, in the opinion of the court, be seriously prejudiced if he
could not obtain possession of the premises; or

(e) that the tenant
has,

(i) on or after the
1st day of February 1973, in the areas to which the Bombay Rents, Hotel and
Lodging House Rates Control Act, 1947 applied; or

(ii) on or after the
commencement of this Act, in the Vidarbha and Marathwada, areas of the State,
unlawfully sub-let or given on license, the whole or part of the premises or
assigned or transferred in any other manner his interest therein; or

(f) that the premises
were let to the tenant for use as a residence by reason of his being in the
service or employment of the landlord, and that the tenant has ceased, whether
before or after commencement of this Act, to be in such service or employment;
or

(g) that the premises
are reasonably and bona fide required by the landlord for occupation by himself
or by any person for whose benefit the premises are held or where the landlord
is a trustee of a public charitable trust that the premises are required for
occupation for the purposes of the trust; or

(h) that the premises
are reasonably and bona fide required by the landlord for carrying out repairs
which cannot be carried out without the premises being vacated; or

(i) that the premises
are reasonably and bona fide required by the landlord for the immediate purpose
of demolishing them and such demolition is to be made for the purpose of
erecting new building on the premises sought to be demolished; or

(j) that the premises
let consist of a tenement or tenements on the terrace of a building such
tenement or tenements being only in part of the total area of the terrace, and
that the premises or any part thereof are required by the landlord for the
purpose of the demolition thereof and erection or raising of a floor or floors
on such terrace

Explanation.-For the purposes of
this clause, if the premises let include the terrace or part thereof, or
garages, servants quarters or out-houses (which are not on the terrace), or all
or any one or more of them, this clause shall nevertheless apply; or

(k) that the premises
are required for the immediate purpose of demolition ordered by any municipal
authority or other competent authority; or

(l) that where the
premises are land in the nature of garden or grounds appurtenant to a building
or part of a building, such land is required by the landlord for the erection
of a new building which a municipal authority has approved or permitted him to
build thereon; or

(m) that the rent
charged by the tenant for the premises or any part thereof which are sub-let is
in excess of the standard rent and permitted increases in respect of such
premises or part or that the tenant has received any fine, premium other like
sum of consideration in respect of such premises or part; or

(n) that the premises
have not been used without reasonable cause for the purpose for which they were
let for a continuous period of six months immediately preceding the date of the
suit.

(2) No decree for eviction shall be passed on
the ground specified in clause (g) of sub-section (1), if the court is satisfied
that, having regard to all the circumstances of the case including the question
whether other reasonable accommodation is available for the landlord or the
tenant, greater hardship would be caused by passing the decree than by refusing
to pass it.

Where the court is satisfied that no hardship
would be caused either to the tenant or to the landlord by passing the decree
in respect of a part of the premises, the court shall pass the decree in
respect of such part only.

Explanation. - For the purposes of
clause (g) of sub-section (1), the expression "landlord" shall not
include a rent-farmer or rent-collector or estate-manager.

(3) A landlord shall not be entitled to
recover possession of any premises under the provisions of clause (g) of
sub-section (1), if the premises are let to the Central Government in a
cantonment area, and such premises are being used for residence by members of
the armed forces of the Union. or their families.

(4) The court may pass the decree on the
ground specified in clause (h) or (i) of sub- section (1) only in respect of a
part of the premises which in its opinion it is necessary to vacate for
carrying out the work of repair or erection.

(5) Notwithstanding anything contained in any
other law for the time being in force, an assignment of a decree for eviction
obtained on the grounds specified in clauses (g), (h), (i) and (j) of
sub-section (1) shall be unlawful.

(6) No decree for eviction shall be passed on
the ground specified in clause (i) or (j) of sub-section (1), unless the court
is satisfied-

(a) that the necessary
funds for the purpose of the erection of new building or for erecting or
raising of a new floor or floors on the terrace are available with the
landlord,

(b) that the plans and
estimates for the new building or new floor or floors have been properly
prepared;

(c) that the new
building or new floor or floors to be erected by the landlord shall, subject to
the provisions of any rules, bye-laws or regulations made by municipal authority
contain residential tenements not less than the number of existing tenements
which are sought to be demolished;

(d) that the landlord
has given an undertaking.-

(i) that the plans and
estimates for the new building or new floor or floors to be erected by the
landlord include premises for each tenant with carpet area equivalent to the
area of the premises in his occupation in the building sought to be demolished
subject to a variation of five per cent in area;

(ii) that the premises
specified in sub-clause (i) will be offered to the concerned tenant or tenants
in the re-erected building or, as the case may be, on the new floor or floors;

(iii) that where the
carpet area of premises in the new building or on the new floor or floors is
more than the carpet area specified in sub-clause (i) the landlord shall,
without prejudice to the liability of the landlord under sub-clause (i), obtain
the consent 'in writing' of the tenant or tenants concerned to accept the
premises with larger area; and on the tenant or tenants declining to give such
consent the landlord shall be entitled to put the additional floor area to any
permissible use;

(iv) that the work of
demolishing the premises shall be commenced by the landlord not later than one
month, and shall be completed not later than three months, from the date he
recovers possession of the entire premises; and

(v) that the work of
erection of the new building or new floor or floors shall be completed by the
landlord not later than fifteen months from the said date:

Provided that, where the court is satisfied that
the work of demolishing the premises could not be commenced or completed, or the
work of erection of the new building or, as the case may be, the new floor or
floors could not be completed, within time, for reasons beyond the control of
the landlord, the court may, by order, for reasons to be recorded. extend the
period by such further periods, not exceeding three months at a time as may,
from time to time, be specified by it, so however that the extended period shall
not exceed twelve months in the aggregate

(7) Where the possession of premises is
recovered on the ground specified under clause (g), (h), (i) or (j) of
sub-section (1) and the premises are transferred by the landlord, or by operation
of law before the tenant or tenants are placed in occupation, then such
transfer shall be subject to the rights and interests of such tenants.

(8) For the purposes of clause (m) of
sub-section (1), the standard rent or permitted increase in respect of the part
sub-let. shall be the amounts bearing such proportion to the standard rent or
permitted increases in respect of the premises as may be reasonable having
regard to the extent of the part sub-let and other relevant considerations.

(9) Notwithstanding anything contained in this
Act, where the premises let to any person include-

(i) the terrace or
part thereof; or

(ii) any one or more
of the following structures, that is to say, tower-rooms, sitting-out-rooms,
ornamental structures, architectural features, landings, attics on the terrace
of a building, or one or more rooms of whatsoever description on such terrace
(such room or rooms being in the aggregate of an area not more than one-sixth
of the total area of the terrace); or

(iii) the terrace or
part thereof and any such structure, and the court is satisfied that the
terrace or structure or terrace including structure, as aforesaid, are required
by the landlord for the purpose of demolition and erection or raising of a
floor or floors on such terrace, the landlord shall be entitled to recover
possession of the terrace including such tower-rooms, sitting-out-rooms,
ornamental structures, architectural features, landings, attics or rooms, the
court may make such reduction, if any, in the rent as it may deem just.

(10) A suit for eviction on the grounds
specified in clause (h), (i), (i) or (k) of sub-section (1) may be filed by the
landlord jointly against all the tenants occupying the premises sought to be
demolished.